(2003)

Dear Dr. Weast:

You have asked for our interpretation of a State statute that entitles public employees who serve in the National Guard to a "leave of absence without loss of pay" if called to active duty by the Governor. You enclosed a copy of an opinion by your counsel, who concluded that the statute requires the school system to pay such an employee the difference between the employee's military pay and civilian pay. Under that interpretation, the school system may deduct the amount of the employee's military pay from the employee's civilian pay while the employee is on active duty with the…